MEHRUNISA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This miscellaneous petition has been filed for setting aside the order dated 02.02.2018 of the Sessions Judge, Palamau at Daltonganj, in Criminal Revision No. 33 of 2017 whereby the Sessions Judge has remitted the matter to the court of C.J.M, Palamau, with a direction to conduct further enquiry.

(2.) Learned counsel for the petitioner has submitted that the Sessions Court has failed to appreciate that the revision was not maintainable against the order of dismissal of complaint passed under Section 203 of Cr.P.C. In support of the contention learned counsel has placed reliance on the decision of the learned Single Judge of Hon'ble Karnataka High Court in the case of Lalajibaishah and Ors. v. Asalchand Hukmischand Porwal and anr., 1978 Criminal Law and Journal 252 Karnataka.

(3.) Mr. Navneet Sahay learned counsel appearing on behalf of O.P. No.2 has submitted that no illegality or impropriety has been committed by the court below while remitting the matter to the court of C.J.M for conducting further enquiry.